Spanish and Portuguese South America during the Colonial Period; Vol. 2 of 2Watson, Robert Grant
History
Spanish and Portuguese South America during the Colonial Period; Vol. 2 of 2
Watson, Robert Grant
America -- Discovery and exploration; South America -- History -- To 1806
The distance by which they were separated from the mother country not
unfrequently tempted the Spanish Viceroys to arrogate to themselves a
power to which even their Master was a stranger, namely, that of
intruding themselves into the seat of justice. In order to check such
usurpation, laws were repeatedly enacted prohibiting the Viceroys, in
the most explicit terms, from interfering in the judicial proceedings of
the Courts of Audience, or from delivering an opinion or giving a voice
with respect to any point in litigation before them. In some particular
cases, in which any question of civil right was involved, even the
political regulations of the Viceroy might be brought under the review
of the Court of Audience, which, in those instances, might be deemed an
intermediate power placed between him and the people, as a
constitutional barrier to circumscribe his jurisdiction. Such restraint,
however, as the Court might exercise over the person of the Viceroy was
limited to advice and remonstrance; in the event of a direct collision
between their opinion and his will, what he determined must be carried
into execution; they could but lay the matter before the King and the
Council of the Indies. The mere permission, however, to remonstrate and
to report upon one who represented the sovereign, gave great dignity to
the persons composing the _Audience_. Further than this, upon the death
of a Viceroy, without provision for a successor, the supreme power
devolved upon the _Audience_ residing in the capital of the Viceroyalty.
The decisions of these courts, in cases affecting sums exceeding six
thousand _pesos_, might be carried by appeal before the Council of the
Indies.
Public-domain text, read in full here on John Shaqi.
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